IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ, MURAHARI SRI RAMAN
Gulab Chandra Sahu – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner's concerns regarding dam height impact. (Para 1 , 2) |
| 2. submissions of union and state on the dam. (Para 3) |
| 3. reference to supreme court's previous orders. (Para 4) |
| 4. state's justifications for dam management decisions. (Para 5) |
| 5. order for preservation and consideration of applications. (Para 6) |
| 6. intervenor's application status. (Para 7) |
| 7. disposition of the writ petition. (Para 8) |
JUDGMENT :
HARISH TANDON, CJ.
1. The present public interest litigation (PIL) is filed by the petitioner for issuance of a writ of mandamus upon the opposite parties to maintain permissible water level as approved by the Government of India i.e. 350.60 metre of Full Reservoir Level of Upper Jonk Irrigation Project, Patora and ensure the strict adherence thereto. A further writ of mandamus is sought to initiate an action against the officers of Irrigation Department having involved in the afforestation activities in complete violation of the order passed by the Supreme Court on 19th February, 2008 and the various provisions of the Forest Conservation Act as well as the Wildlife Protection Act.
2. The petitioner has raised a concern on raising the height of the Patora dam under U
Mandamus cannot be issued against officials for actions settled by the Supreme Court once those officials have retired; prior court orders concerning wildlife protection must be adhered to.
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